Sri Nagashetty Vamadeva vs Sri A Parashuramappa
2023 Latest Caselaw 6598 Kant

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                                                          NC: 2023:KHC:33825
                                                     CRL.RP No. 846 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 19TH DAY OF SEPTEMBER, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                      CRIMINAL REVISION PETITION NO. 846 OF 2015
                   BETWEEN:

                   SRI. NAGASHETTY VAMADEVA,
                   S/O NAGASHETTY JAMBAPPA,
                   AGED ABOUT 43 YEARS,
                   AGRICULTURIST, ALADOOR VILLAGE,
                   HAGARIBOMMANAHALLI TALUK,
                   BELLARY DISTRICT-583 212.
                                                               ...PETITIONER
                   (BY SRI. G.M. SRINIVASAREDDY, ADVOCATE)
                   AND:

                   SRI. A. PARASHURAMAPPA,
                   S/O A. BASAPPA,
                   AGED ABOUT 50 YEARS,
                   EMPLOYEE OF TPEO, BEO,
                   R/O JAGALURU TOWN-577 238.
                                                              ...RESPONDENT
Digitally signed   (BY SRI. N. PRAVEEN KUMAR, ADVOCATE)
by                       THIS CRL.RP IS FILED U/S.397 OF CR.P.C PRAYING TO
RENUKAMBA          SET ASIDE THE JUDGMENT AND ORDER DATED 12.6.2015
KG
                   PASSED BY THE II ADDL. DIST. AND S.J., DAVANAGERE IN
Location: High     CRL.A.NO.144/2014 AND ALSO THE JUDGMENT AND ORDER
Court of
Karnataka          DATED 10.11.2014 PASSED BY THE C.J. (JR. DN.) AND
                   J.M.F.C., JAGALUR IN C.C.NO.258/2012 AND ALLOW THE
                   PRESENT PETITION.

                       THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
                   COURT MADE THE FOLLOWING:
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                                                   NC: 2023:KHC:33825
                                              CRL.RP No. 846 of 2015




                                  ORDER

The revision petitioner / accused and respondent /

complainant along with their respective counsels are present.

2. The parties have filed a joint compromise petition

under Section 147 of the Negotiable Instruments Act, 1881

reporting settlement of the dispute between the parties and it

is submitted that the matter is settled for a sum of

Rs.1,30,000/- and the amount has been received by the

complainant. Hence, permission was sought for compounding of

the offences.

3. Both the parties have also filed a joint affidavit

reporting settlement. The contents of the compromise petition

are read over and explained to the parties in presence of their

respective counsels in Kannada language known to them and

they admit the contents are true and correct.

4. I am satisfied that the parties have settled their

dispute amicably without any threat or coercion. The

compromise is not against any settled law. In view of the same,

the application filed under Section 147 of the Negotiable

NC: 2023:KHC:33825 CRL.RP No. 846 of 2015

Instruments Act, 1881 needs to be allowed. Accordingly, I

proceed to pass the following:

ORDER

(i) The application filed by both the parties under Section 147 of the Negotiable Instruments Act, 1881 is allowed. The matter stands compounded.

(ii) The impugned judgment of conviction and order of sentence passed by learned Civil Judge, Junior Division and JMFC, Jagalur in C.C.No.258/2012 dated 10.11.2014 and confirmed in Crl.A.No.144/2014 by Learned II Additional District and Sessions Judge, Davanagere vide judgment dated 12.06.2015 are set aside.

(iii) The accused / revision petitioner stands acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(iv) In view of the compounding of the offence, the bail bonds executed by the accused / revision petitioner stand cancelled.

(v) The compromise petition shall be part of this judgment.

Sd/-

JUDGE